Difference between revisions of "Proposed transparency legislation, 2009"

From Ballotpedia
Jump to: navigation, search
m
 
(grammar)
Line 319: Line 319:
 
* Specifies that records should be provided electronically if possible.
 
* Specifies that records should be provided electronically if possible.
  
HB1370 is sponsored by Michael J. Madigan, Barbara Flynn Currie, Jim Watson, Paul D. Froehlich. Attorney General Lisa Madigan is pushing for it's passage. <ref>[http://www.galesburg.com/news/news_state/x1362400302/Attorney-general-aiming-for-culture-of-openness ''Attorney general aiming for 'culture of openness'''], Galesburg.com, March 5, 2009</ref>
+
HB1370 is sponsored by Michael J. Madigan, Barbara Flynn Currie, Jim Watson, Paul D. Froehlich. Attorney General Lisa Madigan is pushing for its passage. <ref>[http://www.galesburg.com/news/news_state/x1362400302/Attorney-general-aiming-for-culture-of-openness ''Attorney general aiming for 'culture of openness'''], Galesburg.com, March 5, 2009</ref>
  
 
==Indiana==
 
==Indiana==

Revision as of 23:08, 14 January 2014

[edit]

Election.png FInd your State
This Tab
ALAKAZARCA
COCTDEFLGA
All States
ALAKAZARCA
COCTDEFLGA
HIIDILINIA
KSKYLAMEMD
MAMIMNMSMO
MTNENVNHNJ
NMNYNCNDOH
OKORPARISC
SDTNTXUTVT
VAWAWVWIWY

Alabama

South Dakota

Alabama Public Records Law

House Bill 154 [1] would prohibit the transferring of funds from one political action committee to another.[1] It was passed in the House on February 12, 2009 and sent to the Senate as Senate Bill 207 where it has been assigned to the Constitutions and Election Committee.[2] The Alabama legislature has passed bills banning the transfer of these funds among political action committees each year beginning in 2000, but the bills have never become law.[2] The state legislature has received criticism for failing to pass this legislation with a local newspaper asking, "Is transparency not that important to members of the Alabama Senate?" [3]

House Bill 295 [4] would require the public disclosure of the names of public officials, spouses of public officials or candidates who have a contract with or are employed by the state, county, or a municipality.[4] It was assigned to the Government Operations Committee on February 26, 2009.[4] Its companion bill in the Senate is Senate Bill 208.[5]

House Bill 876 [6] seeks to make poll lists signed by voters the property of political parties and thereby subject to the open records law.[6]

Senate Bill 207 [7] is the companion bill to House Bill 154.

Senate Bill 208 [5] is the companion bill to House Bill 295. It was assigned to the Constitution, Campaign Finance, Ethics and Elections Committees in the Senate.[5]

Senate Bill 353 [8] would make any meeting in which a state party participates in the meeting subject to the state's Open Meetings Act.[8] It is currently being held in the Governmental Affairs Committee of the Senate.[8]

Senate Bill 399 [9] seeks to make background checks performed on employees of secondary education institutions confidential and not subject to public records laws.[9] It has been assigned to the Education Committee in the Senate.[9]


Alaska

We do not currently have any legislation from this Alaska in 2009. To add some, please see WikiProject Proposed state sunshine legislation.


Arizona

Arizona Public Records Law
  • "Authored by Sen. Jay Tibshraeny, R-Chandler, Senate Bill 1305 would require public bodies that keep public records electronically to provide them upon request on CD-ROM or in another format." [10]
  • The Board of Supervisors in Maricopa County in January 2009 passed a resolution that says that when county employees and officials want public documents that are in the custody of the county, the employees/officials are required to go through an internal process rather than using the state's sunshine law to ask for records. This action was taken in response to multiple requests in the last few months from the Maricopa County sheriff and attorney offices for documents relating to:
  • A planned criminal court-tower project.
  • Communication between county officials and public-relations and consulting firms.
  • The Board of Supervisor's decision to hire former County Attorney Rick Romley as a consultant.[11]

Open records advocates in the state have protested the new county-wide law.

Arkansas

Arkansas Freedom of Information Act

House Bill 1049 [12] is one of several bills proposed by Rep. Dan Greenberg that are designed to strengthen the Arkansas Freedom of Information Act. It provides for review of a FOIA denial by the Attorney Generals' Office.[12] It was referred to the State Agencies and Governmental Affairs Committee in the House in January of 2009 where it remains as of April 2009.[12]

  • House Bill 1050 [13] requires new laws that create exemptions to FOIA must identify with specificity which records or meetings the law exempts. Rep. Greenberg said, “This is kind of a blinking red light, so that from now on when somebody tries to narrow the FOI, at least we’ll know”. [14] After failing to pass the House initially, Rep. Greenberg credits the further explanation he gave House members on the bill's passage on January 27, 2009. [15]

The Senate State Agencies and Governmental Affairs Committee endorsed HB 1050, and proceeded to the Senate for a vote. [16] HB 1050 passed the Senate 33-2, and is now waiting for approval by Gov. Mike Beebe, whose office has stated that he plans to sign it into law. [17]

  • House Bill 1051 [18], would allow access to criminal records for certain individuals. It was defeated 56-33, and a request by the sponsor to return the bill to committee was refused. [19]
  • House Bill 1052,[20] would prohibit retaliation against government employees that file FOIA requests. [14] It was passed in the House and Senate and is awaiting the Governor's approval.[20]
  • House Bill 1053 [21], known as "The Open Checkbooks in Government Act", would create an online database of state expenditures. It was referred to the State Agencies and Governmental Affairs Committee in the House.[21]
  • House Bill 1091 [22] seeks to broaden the reasons for which a school board may go into executive session. It was passed in the House and Senate and is awaiting the Governor's approval.[22]
  • House Bill 1326 [23] [24], sponsored by Rep. Lindsley Smith (D-Fayetteville), is a revised version of a bill that failed to pass in 2007. HB 1326 would allow FOIA plaintiffs that file claims with the Arkansas State Claims Commission to recover attorney fees in successful cases.[25] HB1326 has been approved by a House committee and now heads to the House as a whole. [26] It was passed in the House and Senate and is with the Governor for his approval.[23]
  • House Bill 1623 [27] seeks to prevent the disclosure of information regarding concealed weapon carry licenses. It passed the House Judiciary Committee and moved to the House, where 54 members signed on as co-sponsors. [28] HB1623 has passed the House 98-1. [29] It passed the Senate 34-0 and returned to the House for concurrence on an amendment. [30] It has since been sent to the Governor for approval.[27]
  • House Bill 2091 [31] seeks to establish transparency in the bidding process for publicly funded buildings, infrastructure and facilities. It was introduced in March of 2009.[31]
  • Senate Bill 55 [32] seeks to increase transparency related to the salary of administrators in state funded higher education institutions. It was pass in both houses and is awaiting the Governor's approval.[32]
  • Senate Bill 943 [35] seeks to improve parents' access to public school data on achievement gaps and on public school plans to close achievement gaps. The bill was passed in the House and Senate and awaits the Governor's signature.[35]

California

California Public Records Act
  • Senate Bill 106 [36] seeks to add school districts, community college districts, and county boards of education to the definition of a local agency whose officials must receive ethics training on subjects such as open records laws. The bill was introduced on March 4, 2009 and remains in the Senate as of April 2009.[37]
  • Senate Bill 218 [36] seeks to make the records of non-profit organizations associated with state agencies and universities subject to the Open Records law. The bill was sponsored by Sen. Leland Yee (D-San Francisco), who stated that "Taxpayers and students deserve to know how their public universities are run". [38] The bill was amended and sent back to the Senate's Judiciary Committee on April 27, 2009.[39]
  • Senate Bill 502 [36] would require state agencies and departments to develop a searchable web site relating to the expenditures of state funds. The bill was referred to the Senate's Governmental Organization Committee in March of 2009.[40]
  • Senate Bill 719 [36] would require state agencies and departments to develop and maintain a searchable web site that includes information relating to expenditures of state funds including contract grants, purchase orders, subcontracts, tax refunds, rebates and credits. The bill was referred to the Senate's Appropriations Committee in April of 2009.[41]
  • Assembly Bill 400 sponsored by Assemblyman Kevin de Leon would require public disclosure of state spending by all departments.[36]It was referred to the Committee on Appropriations in April of 2009.[42]
  • Assembly Bill 520 [43] would allow superior courts to issue protective orders limiting the number and scope of requests a person can make under the California Public Records Act if the court determines that the requester is seeking the records for an 'improper purpose' (including, but not limited to, harassing employees of state agencies).

The bill has received wide criticism, particularly for failing to define the term 'improper' with any specificity.[44] The California Newspapers Publishers Association wrote a letter to Assemblywoman Wilmer Amina Carter expressing their opposition to the bill and stating their position that "public access decisions must be made based on the law's presumption of access" and that "agencies must never be allowed to determine whether or not to comply with a request based on whether the request is for a use approved by the agency (i.e., a good use)".[45]

  • Assembly Bill 1194 [36] would also require state agencies and departments to develop and maintain a searchable web site that includes information relating to expenditures of state funds. The bill was referred to the Business and Professions Committee in April of 2009.[46]

Colorado

Colorado Open Records Act

House Bill 1145 [47] requires private investigators to register with the state's attorney general and created a rebuttable presumption that registered private investigators may access public records including driver's license and vehicle records information.[47] However, public agency employees are authorized to deny access to the records "if contrary to the public interest".[47]

House Bill 1251 [48] creates a presumption that criminal records involving investigations are public records, but it also allows for record custodians to deny access to the records if they determine disclosure is "contrary to the public interest".[47]

Senate Bill 49 [49] seeks to make the compensation information of state employees subject to public records requirements under the Colorado Open Records Act so long as the identifying information of employees is kept confidential.[49]

Senate Bill 57 [50], also known as the "Public School Financial Transparency Act", seeks to require Colorado school districts to post their budgets online in searchable formats. Bruce Coughy, deputy director of the Colorado Association of School Executives opposes the bill, saying that it amounts to an unfunded mandate placed on school districts. Primary sponsor of the bill, Sen. Ted Harvey (R-Highlands Ranch), says: "The only opposition is that this would be a burden to the administration, and if the citizens want this information they can get it through an open records request. That type of arrogance from government bureaucrats is exactly why the citizens have lost trust in our government and why this bill is important." [51]

On February 19, SB 57 passed the state senate Senate on its third reading by a vote of 26-8. But on March 19, after a marathon hearing that lasted more than four hours, the bill was killed by the Democrat-controlled House Education Committee on an 8-5 party-line vote.[52] Before killing SB 57, the committee narrowly agreed to adopt an amendment proposed by House sponsor Republican Rep. Amy Stephens to make the bill's provisions less burdensome for school districts.

Ben DeGrow of the Independence Institute supports SB 57 saying "Shining sunlight on the detailed financial picture for all to see would help strengthen the 'public' in public education." [53] About 30 other citizens visited the Capitol on February 2, 2009 to show their support for the bill. [54]

Connecticut

Connecticut Freedom of Information Act

House

  • House Bill 5009 [55] would allow towns more time to post minutes from public agency meetings on their web sites.
  • House Bill 5314 [56] would relieve municipalities of costly mandates by authorizing the posting of legal notices on municipal web sites.
  • House Bill 5365 [57] would provide meeting minute online posting mandate relief to towns and cities.
  • House Bill 5368 [58] would delay the implementation of the mandate on municipalities to post information on web sites.
  • House Bill 5371 [59] would provide local taxpayer relief from an unfunded mandate regarding posting of municipal information on web sites.
  • House Bill 5379 [60] To provide mandate relief to towns and cities regarding posting meeting minutes online.
  • House Bill 5384 [61] would provide mandate relief by delaying implementation of requirements requiring the posting of town minutes and agendas on the Internet.
  • House Bill 5953 [62] would enable towns to post required legal notices on their web sites rather than in newspapers.
  • House Bill 5954 [63] would establish a government transparency website to enable the public to track state spending and to promote transparency.
  • House Bill 5957 [64] would accommodate warrant scanning technology by permitting the copying of public documents using a portable scanner.
  • House Bill 5959 [65] would require the Office of Policy and Management and the Office of Fiscal Analysis each post the state budget on their respective web sites.
  • House Bill 5960 [66] would require state agencies to post their regulations on their web sites.
  • House Bill 5962 [67] would establish a searchable online database of state expenditures.

Senate

  • Senate Bill 68 [68] would provide relief to smaller municipalities from certain requirements under the Freedom of Information Act.
  • Senate Bill 201 [69] seeks to acknowledge that state funded group homes perform an important government function and that the public has a right to know how such homes are being managed and operated under the purview of the Freedom of Information Act.
  • Senate Bill 333 [70] would relieve towns of the burden of posting meeting minutes and agendas on their web sites.
  • Senate Bill 340 [71] seeks to enable easier public examination of all state contracts.
  • Senate Bill 521 [72] would require full disclosure and transparency in state contracting.
  • Senate Bill 523 [73] would establish a state website tracking the award of state grants and contracts.
  • Senate Bill 772 [74] would revise the requirement that minutes from a public agency's sessions be posted on such agency's web site within seven days of such session.
  • Senate Bill 912 [75] would ensure access to certain court records under FOIA, except those records that relate directly to decision-making in individual cases.

Delaware

Delaware Freedom of Information Act

House Bill 1: Amending the Delaware Code Related to the Freedom of Information Act

Documents produced by the Delaware legislature are currently exempt under Delaware FOIA law. [76] House Bill 1 sponsored by House Speaker Robert F. Gilligan was introduced in the Delaware state legislature on January 6, 2009.[77] The bill proposes to end the exemption to all committee meetings and records generated by the General Assembly, excepting party caucuses.[76] According to Speaker Gilligan, "Without the openness represented by this bill, it will be all but impossible to persuade the public to buy into legislative actions needed to head off a budget deficit of up to $600 million expected for the year that begins July 1." [78]

An amendment to the bill was sponsored by House Majority Leader Pete Schwartzkopf (D-Rehoboth Beach).[79] The amendment seeks to exempt all e-mail "received and sent by members of the Delaware General Assembly or their staff", in effect closing off access to records that are currently subject to public disclosure.[79]

House Bill 90: Creating a Searchable Budget Database for State Spending

House Bill 90 [80] was introduced in the state legislature on March 24, 2009.[81] The bill, sponsored by Representative Greg Lavelle, states that "taxpayers should be able to easily access the details on how the State is spending their tax dollars and what performance results are achieved for those expenditures".[80] The bill seeks to create a searcheable budget database detailing all state expenditures, their purpose and results.[80] The bill is currently assigned to the House Administration Committee.[81]

Senate Bill 58: Amending the Delaware Code Related to the Freedom of Information Act

Senate Bill 58 [82] was introduced in the state legislature by Senator Karen Peterson on April 7, 2009.[83] The bill seeks to make various amendments to the Delaware Code relating to the Freedom of Information Act which would:

  • Create consistency in the determination of whether a record is public by designating the public body that first created the document as responsible for determining if a record is subject to disclosure; [82]
  • Clarify that the purpose for which a document is sought is irrelevant under the FOIA; [82]
  • Increase the period of time the state's Attorney General has to investigate and determine whether there has been an FOIA violation; [82] and
  • Permit the Attorney General to determine FOIA complaints made against state bodies and officers.[82]

The bill was referred to the Senate Executive Committee on April 7, 2009.[83]

Florida

Florida Sunshine Law

House

  • House Bill 135 [84] provides an exemption from public records requirements for personal identifying information of insured dependents such as minor dependent of current or former officers or employees of state agencies when the dependents are insured by a state agency group insurance plan. [84] The bill seeks to make this exemption apply retroactively.[84] The bill was added to the Economic Development & Community Affairs Policy Council agenda on April 10, 2009.[84] Its companion bill in the Senate is Senate Bill 270.[85]
  • House Bill 145 [86] exempts from public records all information and records submitted to the Department of Health under an electronic monitoring system for the dispensing of controlled of substances.[86] The bill provides guidelines for who may access such information and also lays out penalties for violations of the proposed guidelines.[86] The bill was introduced on March 1, 2009 and has been referred to several committees.[86] Its companion bill in the Senate is Senate Bill 612.[87]
  • House Bill 221 [88] provides an exemption from public records requirements for specified identifying information contained in a statewide Internet registry maintained under the Vacant or Abandoned Real Property Registration, Maintenance, and Foreclosure Reporting Act.[88] The bill was introduced on March 3, 2009 and has since been referred to several committees.[88] Its companion bill in the Senate is Senate Bill 1044.[89]
  • House Bill 275 [90] prohibits the commercial use or distribution of law enforcement photographs or recordings of deceased persons or that show a person's extreme, severe, or acute injuries which are confidential & exempt from public records laws.[90] As of April 2009, the bill has been referred to several committees.[90] Its companion bill in the Senate is Senate Bill 638.[91]
  • House Bill 277 [92] is linked to House Bill 275.[92] It seeks to provide an exemption from public records law for investigative or crime scene photographs and records of deceased persons or of any person's extreme, severe or acute injuries.[92] It was introduced in the House on March 3, 2009 and has since been referred to several committees.[92] Its companion bill in the Senate is Senate Bill 636.[93]
  • House Bill 299 [94] was introduced in the House on March 3, 2009.[94] It seeks to require a surety to record in the public records a payment bond for a public works construction project.[94] As of April 2009, it has been referred to several committees.[94] Its companion bill in the Senate is Senate Bill 560.[95]
  • House Bill 409 [96] aims to provide an exemption from public records requirements for the personal identifying information of employees and families of employees of public educational institutions that participate in group health insurance programs.[96] The bill was referred to the PreK-12 Policy Committee on March 30, 2009.[96] Adria Harper, the director of the First Amendment Foundation in Tallahassee, called the bill "ridiculous". [97] The bill is related to Senate Bills 1260 and 2432.[96]
  • House Bill 575 [98] seeks to allow automatic expunging of criminal records under certain circumstances.[98] It was introduced in the House on March 3, 2009 and has since been referred to several committees.[98]
  • House Bill 585 [99] seeks to exempts from public records requirements information reported to the Department of Health under an electronic system for monitoring the dispensing of certain controlled substances.[99] It passed through the Civil Justice & Courts Policy Committee, the Government Affairs Policy Committee and the Criminal & Civil Justice Policy Committee in March of 2009.[99] If passed, it will become effective on July 1, 2009.[99]
  • House Bill 699 [100] aims to exempt from public records the contact information of current and former investigators and their families that worked for the the Department of Business & Professional Regulation.[100] It was introduced in the House on March 3, 2009 and has seen been referred to several committees.[100]
  • House Bill 7021 [101] is the companion bill of Senate Bill 748.[102]

Senate

  • Senate Bill 126 [103] seeks to limit the public-records exemption for reports relating to child abandonment, abuse, or neglect.[103] It was introduced in the Senate on March 2, 2009, went through committee reviews and was placed on a special calendar for reading on April 28, 2009.[103]
  • Senate Bill 166 [104] creates an exemption from public-records any information that identifies a donor or prospective donor of a donation made for the benefit of a publicly owned building or facility if the donor desires to remain anonymous.<rf name="SB166" /> It was sent to the Rules Committee on April 17, 2009.[104]
  • Senate Bill 176 [105] creates an exemption from public records for serologic blood test results from juveniles.[105] It was introduced in the Senate on March 3, 2009 and has since been referred to several committees.[105]
  • Senate Bill 250 [106] seeks to narrow the public-records exemption so that it authorizes parents or adult children of decedents to obtain autopsy records.[106] It was introduced in the Senate on March 3, 2009 and has since been referred to Health Regulation, Regulated Industries, Judiciary and Governmental Oversight and Accountability Committees.[106]
  • Senate Bill 270 [85] is the Senate version of House Bill 135 discussed in the above section. The bill was referred to the Rules Committee on April 9, 2009.[85]
  • Senate Bill 358 [107] provides that proprietary confidential business information held by an agency is confidential and exempt from public records requirements.[107] It is identical to Senate Bill 1836 and has been referred to the Commerce and Governmental Accountability and Oversight Committees in the Senate since being introduced.[107]
  • Senate Bill 440 [108] exempts from public-records requirements information and records reported to the Agency for Health Care Administration under the electronic-monitoring system for the tracking of prescriptions of controlled substances.[108]
  • Senate Bill 468, [109] sponsored by Sen. Mike Fasano (R-New Port Richey) proposes to exempt personal identifying information regarding the health and benefit coverage of public school employees from the Sunshine Law.[109] This bill was proposed in reaction to the outcry that arose after Joel Chandler made a public records request for health insurance information from all the Florida school districts. [110]
  • Senate Bill 560 [95] is the Senate Version of House Bill 299 discussed in the above section. It was referred to the Community Affairs Committee on April 7, 2009.[95]
  • Senate Bill 584 [111] expresses the legislative intent to revise laws relating to an exemption from requirements for public records and meetings.[111]
  • Senate Bill 612 [87] is the Senate version of House Bill 145 discussed in the above section. It was referred to several committees on March 30, 2009.[87]
  • Senate Bill 636 [93] is the Senate version of House Bill 277 discussed in the above section. It was referred to the Criminal Justice, Governmental Oversight, Accountability and Rules committees on March 3, 2009.[93]
  • Senate Bill 638 [91] is the Senate version of House Bill 275 discussed in the above section. It was introduced in the Senate on March 3, 2009 and has been referred to the Criminal Justice Committee, Judiciary Committee and Criminal and Civil Justice Appropriations Committee.[91]

As of April 2009, the bill was referred to - prohibiting the commercial use or distribution of law enforcement photographs or video recordings of a deceased person or that show a person's extreme, severe, or acute injuries, which photographs or recordings are confidential and exempt from the public-records laws; providing that such photographs and video recordings remain confidential and exempt from the public-records laws when used or transmitted under certain circumstances (Identical to HB 275).

  • Senate Bill 648 [112] provides an exemption from public-records requirements for information concerning certain donors and prospective donors to the direct support organization of the Department of Elderly Affairs.[112]
  • Senate Bill 748 [102] amends a specified provision relating to an exemption from public records requirements personal identifying information held by a children's services council or related entity.[102] Its companion bill in the House is House Bill 7021.[102]
  • Senate Bill 750 [113] seeks to amend provisions relating to a public records exemption for records obtained by the Department of Revenue under an insurance claim data exchange information.[113]
  • Senate Bill 754 [114] clarifies the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings, and diagrams held by an agency.[114] It was introduced in the Senate on March 3, 2009 and has been referred to several committees since.<re name="SB754" />
  • Senate Bill 1044 [89] is the Senate version of House Bill 221 discussed in the above section. It was introduced on March 3, 2009 and subsequently referred to the Banking and Insurance Committee, Governmental Oversight and Accountability Committee and the Rules Committee.[89]
  • Senate Bill 1046 [115] provides an exemption from public records requirements for certain records of the Florida Hurricane Protection Program of the Florida Catastrophe Fund, from public-meetings requirements for portions of certain meetings of the State Board of Administration, requires that exempt portions of meetings be recorded, transcribed, and maintained for a specified period and provides an exemption from public-records requirements for minutes and transcripts of exempt portions of meetings.[115] It has been referred to the Banking and Insurance and Governmental Oversight and Accountability Committees.[115]
  • Senate Bill 7000 [116] clarifyies the exemption from public record requirements that is provided for building plans, blueprints, schematic drawings, and diagrams held by an agency.[116]
  • Senate Bill 7002 [117] relates to a public records exemption for insurance claim data exchange information.[117] It saves the exemption from repeal under the Open Government Sunset Review Act.[117]
  • Senate Bill 7004 [118] relates to a public-records exemption for personal identifying information held by a children's services council or related entity.[118] It saves the exemption from repeal under the Open Government Sunset Review Act.[118]
  • Senate Bill 7008 [119] relates to a public-records exemption for certain information regarding campaign finance reports.[119] It clarifies the provision and saves the exemption from repeal under the Open Government Sunset Review Act.[119]
  • Senate Bill 7020 [120] relates to an exemption from public-records requirements for personal information contained in motor vehicle records.[120]
  • Senate Bill 7022 [121] relates to a public records exemption for business information provided by a business owner to a governmental condemning authority for the purpose of making an offer of business damages.[121] It saves the exemption from repeal under the Open Government Sunset Review Act.[121]
  • Senate Bill 7024 [122] revises an exemption under the public-records law for information that would identify a child participating in a government-sponsored recreation program; defines the terms “government-sponsored recreation program” and “child”; provides that such information is confidential and exempt from the public-records law; and deletes provisions providing for repeal of the exemption.[122]
  • Senate Bill 7026 [123] relates to a public-records exemption for identification and location information of certain agency personnel; saving the exemption from repeal under the Open Government Sunset Review Act; deletes provisions providing for repeal of the exemption; relocates and revises the public-records exemption provided for identification and location information concerning federal attorneys, judges, and magistrates; defines the term “identification and location information”; eliminates social security numbers from the scope of information covered by the public-records exemption; and requires a federal attorney, judge, or magistrate to attest that efforts have been made to protect the information from disclosure through other means.[123]
  • Senate Bill 7030 [124] relates to a public-records exemption for written valuations of surplus state lands and related documents and saves the exemption from repeal under the Open Government Sunset Review Act.[124]

Georgia

Georgia Open Records Act

House Bill 171 [125] would exempt individual's names and contact information from public records. Blogger Johnny Edwards is urging for this bill to fail, saying "The key word is "name." All kinds of documents would become useless. Want to find out who's behind the company that just got awarded a lucrative city contract? Sorry. Want to see the work application of a high school teacher accused of having sex with teenagers? Good luck." [126]

Senate Bill 26 would exempt e-mail distribution lists kept by police and fire departments from Open Records requests. [127]

Senate Bill 124 [128] would require that social security numbers be redacted from public documents.

References

  1. 1.0 1.1 Text & Status of HB154
  2. 2.0 2.1 The Anniston Star, Slow death of PAC-to-PAC transfers, April 20, 2009
  3. Opelika-Auburb News, Senate needs to get on ball and ban PAC to PACs, April 21, 2009
  4. 4.0 4.1 4.2 Text & Status of HB295
  5. 5.0 5.1 5.2 Text & Status of SB208
  6. 6.0 6.1 Text & Status of HB876
  7. Text & Status of SB207
  8. 8.0 8.1 8.2 Text & Status of SB353
  9. 9.0 9.1 9.2 Text & Status of SB399
  10. Bill merges records, technology, Arizona Republic, April 21, 2009
  11. Arizona Republic, "Supervisors to change records request policy", January 22, 2009
  12. 12.0 12.1 12.2 Text & Status of HB1049
  13. Text & Status of HB1050
  14. 14.0 14.1 Lawmakers get back to work, Arkansas News, January 21, 2009
  15. House approves bill to protect Freedom of Information Act, Arkansas News, January 27, 2009
  16. Senate panel advances bill on Ark. FOI law, Associated Press, January 29, 2009
  17. Ark. Senate approves FOI measure, Associated Press, February 16, 2009
  18. Text & Status of HB1051
  19. Keep the Sunshine Out?, The Arkansas Project, February 13, 2009
  20. 20.0 20.1 Text & Status of HB1052
  21. 21.0 21.1 Text& Status of HB1053
  22. 22.0 22.1 Text & Status of HB1091
  23. 23.0 23.1 Text & Statusof HB 1326
  24. Status of HB 1326
  25. Ark. lawmaker tries anew with FOI lawyer fees bill, Associated Press, February 2, 2009
  26. Panel endorses bill granting attorney’s fees for FOIA winner, Arkansas News Bureau, February 24, 2009
  27. 27.0 27.1 Text & Status of HB1623
  28. Panel advances bill to make concealed handgun permit information secret, Arkansas News, March 5, 2009
  29. House passes trauma system bill, Arkansas News, March 6, 2009
  30. Senate approves concealed carry bill, Arkansas News, April 6, 2009]
  31. 31.0 31.1 Text & Status of HB2091
  32. 32.0 32.1 Text & Status of SB 55
  33. Text & Status of SB251
  34. Proposal casts shadow across "Sunshine Law", Baxter Bulletin, February 24, 2009
  35. 35.0 35.1 Text & Status of SB 943
  36. 36.0 36.1 36.2 36.3 36.4 36.5 Text & Status of SB218 (enter the bill number and search)
  37. Status of SB106
  38. Fresno State case leads to push to add open records, Fresno Bee, March 3, 2009
  39. Status of SB 218
  40. Status of SB 502
  41. Status of Senate Bill 719
  42. Status of AB 400
  43. Text of AB 520
  44. SFBG Politics Blog, Blocking California's sunshine: Proposed legislation would limit access to public information, April 27, 2009
  45. California Progress Report. Legislation Would Allow Courts to Gag Public Records Requestors, April 21, 2009
  46. Status of 1194
  47. 47.0 47.1 47.2 47.3 Text & Status of HB 1145
  48. Text & Status of HB 1251
  49. 49.0 49.1 Text & Status of SB 49
  50. Text & Status of SB 57
  51. Senate committee contemplates online school budgets, Face the State, January 29, 2009
  52. Senate Bill 57 dies on party-line committee vote
  53. Schools need open books, Denver Daily News, January 27, 2009
  54. Activists Want School Spending Details Online, Associated Press, February 3, 2009
  55. Text & Status of HB5009
  56. Text & Status of HB5314
  57. Text & Status of HB5365
  58. Text & Status of HB5368
  59. Text & Status of HB5371
  60. Text & Status of HB5379
  61. Text & Status of HB5384
  62. Text & Status of HB5953
  63. Text & Status of HB5954
  64. Text & Status of HB5957
  65. Text & Status of HB5959
  66. Text & Status of HB5960
  67. Text & Status of HB5962
  68. Text & Status of SB68
  69. Text & Status of SB201
  70. Text & Status of SB333
  71. Text & Status of SB340
  72. Text & Status of SB521
  73. Text & Status of SB523
  74. Text & Status of SB772
  75. Text & Status of SB912
  76. 76.0 76.1 Text of HB 1
  77. State of Delaware, House Bill 1 - Bill History
  78. Bill to open up Assembly advances, News Journal, January 22, 2009
  79. 79.0 79.1 Legislators may shield their e-mail, Delaware Online, February 6, 2009
  80. 80.0 80.1 80.2 Text of HB 90
  81. 81.0 81.1 State of Delaware, House Bill 90 - Bill History
  82. 82.0 82.1 82.2 82.3 82.4 Text of SB 58
  83. 83.0 83.1 State of Delaware, Senate Bill 58 - Bill History
  84. 84.0 84.1 84.2 84.3 Text & Status of HB 135
  85. 85.0 85.1 85.2 Text & Status of SB 270
  86. 86.0 86.1 86.2 86.3 Text & Status of HB 145
  87. 87.0 87.1 87.2 Text & Status of SB 612
  88. 88.0 88.1 88.2 Text & Status of HB 221
  89. 89.0 89.1 89.2 Text & Status of SB 1044
  90. 90.0 90.1 90.2 Text & Status of HB 275
  91. 91.0 91.1 91.2 Text & Status of SB 638
  92. 92.0 92.1 92.2 92.3 Text & Status of HB 277
  93. 93.0 93.1 93.2 Text & Status of SB 636
  94. 94.0 94.1 94.2 94.3 Text & Status of HB 299
  95. 95.0 95.1 95.2 Text & Status of SB 560
  96. 96.0 96.1 96.2 96.3 Text & Status of HB 409
  97. Lawmakers Move to Carve Out Public Records Exemption for Teachers, News Service of Florida, March 10, 2009
  98. 98.0 98.1 98.2 Text & Status of HB 575
  99. 99.0 99.1 99.2 99.3 Text & Status of HB 585
  100. 100.0 100.1 100.2 Text & Status of HB 699
  101. Text & Status of HB 7021
  102. 102.0 102.1 102.2 102.3 [Text & Status of SB 748
  103. 103.0 103.1 103.2 Text & Status of SB 126
  104. 104.0 104.1 Text & Status of SB 166
  105. 105.0 105.1 105.2 Text & Status of SB 176
  106. 106.0 106.1 106.2 Text & Status of SB 250
  107. 107.0 107.1 107.2 Text & Status of SB 358
  108. 108.0 108.1 Text & Status of SB 440
  109. 109.0 109.1 Text & Status of SB 468
  110. Lawmakers May Stall Lakeland Man's Quest For School Records, The Ledger, January 31, 2009
  111. 111.0 111.1 Text & Status of SB 584
  112. 112.0 112.1 Text & Status of SB 648
  113. 113.0 113.1 Text & Status of SB 750
  114. 114.0 114.1 Text & Status of SB 754
  115. 115.0 115.1 115.2 Text & Status of SB 1046
  116. 116.0 116.1 Text & Status of SB 7000
  117. 117.0 117.1 117.2 Text & Status of SB 7002
  118. 118.0 118.1 118.2 Text & Status of SB 7004
  119. 119.0 119.1 119.2 Text & Status of SB 7008
  120. 120.0 120.1 Text of SB 7020
  121. 121.0 121.1 121.2 Text & Status of SB 7022
  122. 122.0 122.1 Text & Status of SB 7024
  123. 123.0 123.1 Text & Status of SB 7026
  124. 124.0 124.1 Text & Status of SB 7030
  125. Text and Status of HB171
  126. The City Core, February 8, 2009
  127. Bill to keep police-citizen e-mail lists private, Marietta Daily Journal, April 7, 2009
  128. Text of SB124

Election.png FInd your State
This Tab
HIIDILINIA
KSKYLAMEMD
All States
ALAKAZARCA
COCTDEFLGA
HIIDILINIA
KSKYLAMEMD
MAMIMNMSMO
MTNENVNHNJ
NMNYNCNDOH
OKORPARISC
SDTNTXUTVT
VAWAWVWIWY

Hawaii

Hawaii Uniform Information Practices Act

House

House Bill 496 [1] seeks to require the legislature to follow the sunshine law. Companion bill is SB 681.

House Bill 1088 [2] Expands ability of a board or commission to facilitate public meetings through available interactive conferencing technology. Companion bill is SB 906.

House Bill 1146 [3] would allow board or committee members to hear public testimony and presentations scheduled for a public meeting even if the meeting is canceled due to lack of quorum.

House Bill 1148 [4] Authorizes the electronic filing of meeting notices on the state calendar. Companion bill is SB 966.

House Bill 1530 [5] would allow fees for public records to be waived if the Office of Information Practices judges that it would serve the public interest. Companion bill is SB 1646.

House Bill 1596 [6] would apply the "sunshine law" law to administrative and other nonjudiciary functions of the judiciary. Companion bill is SB677.

Senate

Senate Bill 496 [7] Clarifies the functions, duties, and roles of the charter school review panel in the administration and operation of charter schools, and improves fiscal and budgetary accountability. Clarifies that the panel is subject to the requirements of the sunshine law.

Senate Bill 677 [8] would apply the "sunshine law" law to administrative and other nonjudiciary functions of the judiciary. Companion bill is HB1596.

Senate Bill 681 [9] seeks to require the legislature to follow the sunshine law. Companion bill is HB 496.

Senate Bill 906 [10] Expands ability of a board or commission to facilitate public meetings through available interactive conferencing technology. Companion bill is HB 1088.

Senate Bill 966 [11] Authorizes the electronic filing of meeting notices on the state calendar. Companion bill is HB 1148.

Senate Bill 1646 [12] would allow fees for public records to be waived if the Office of Information Practices judges that it would serve the public interest. Companion bill is HB 1530.

Senate Bill 1658 [13] Makes clarifying amendments related to permissible interactions of board members and notice requirements of continued board meetings.

The status of these bills can be followed here: Hawaii State Legislature Bill Status and Documents.

Idaho

See also: Idaho Public Records Act

In 2009, Idaho lawmakers changed the Idaho Public Records Act (Idaho Code § 9-340). After the change, the code says that records relating to a retired law enforcement officer's application for a concealed weapons permits are exempt from disclosure. Records relating to concealed weapon permits for non-retired police officers were already exempt. The change means that records of retired police officers are now on a par with the records of any other applicant in the state.[14]

Illinois

Illinois Freedom of Information Act

House Bill 1345 [15] would amend the Illinois Freedom of Information Act to include settlement financial information that a public body might enter into. HB1345 was referred to the Rules Committee on 2/18/09.

House Bill 1370 [16] seeks to overhaul the Illinois Freedom of Information Act. The bill:

  • Makes it clear that access to public records improves government transparency.
  • Protects employees from retaliation from their superiors for releasing public information.
  • Permits attorney fees to be paid when access issues go to court.
  • Creates a fine from $100 to $1,000 for government agencies found to have "willfully and intentionally" failed to comply with the law.
  • Shortens the required response time from seven days to five.
  • Makes the first 25 pages of copies free, and sets a fee of $0.15 per page for any copies after that.
  • Specifies that records should be provided electronically if possible.

HB1370 is sponsored by Michael J. Madigan, Barbara Flynn Currie, Jim Watson, Paul D. Froehlich. Attorney General Lisa Madigan is pushing for its passage. [17]

Indiana

Indiana Access to Public Records Act
  • Senate Bill 232: Public Access Issues [18]

has been passed by the Indiana Senate Committee on Local Government and the full Senate and was referred to the House on February 24, 2009 .[19] The bill provides for civil penalties of up to $500 against government agencies -- or their individual employees -- tha violate Indiana's Public Records Act or Open Door Law.[19] This bill would allow public agencies or workers who are deemed to have violated the Public Records Act or the Open Door Law to be fined by a judge.[19] Officers or employees of the agencies that are found to be in violation of one of these acts and are thereby assessed fines, which they must pay out of pocket.[19] Any fines assessed against government agencies, however, are paid by the agencies' budget.[19]

The bill also proposes to allow employees and agencies to provide notice of meetings to individuals that request such notice annually.[19] That notice may be provided via email or on the state agency's website forty-eight hours prior to the meeting.[19] This advance notice is currently available to news organizations, and the bill proposes extending the privilege to all citizens.

The bill also allows government agencies to keep information regarding minors under the age of 19 confidential.[19] Currently, individuals that are denied access to public records can take legal action against the employee or agency that refused to disclose the records.[20] The bill proposes the creation of an education fund to provide training for the public and for public officials as to their responsibilities under public access law. [19] Finally, the bill proposes that where a formal complaint is filed regarding the unavailability of a document or redactions within a document, a "public access counselor" is to review the records to determine whether the elimination of information violates public access laws.[19]

The Committee and Senate have both passed the bill; it now moves to the House for a final vote. [19]

Reaction to the bill:

The bill has received a negative response from various groups representing elected officials at the local level, including the Indiana Association of Cities and Towns and the Association of Indiana Counties. They argue that the proposed meeting notifications are too time consuming for local governing agencies to comply with, and that the bill may subject government employees to liability and fines for denying open record requests at the direction of their superiors. [20] [21]

The bill has received support from representatives of the Hoosier State Press Association, citizen activists and journalists. In support of the bill, they argue that until now, there have not been any enforcement measures to deal with a government agency that refuses to comply with the law. The Indiana Coalition for Open Government referring to the Public Records Act stated, "An Indiana Code provision that has no enforcement capability is like a toothless dog that barks loud but has no bite," said Fargo, Indiana University journalism professor who serves on the . [21]

Tony Fargo, associate professor of the Indiana University School of Journalism, testified in favor of the bill before the Senate's Local Government Committee. [22] The Indiana Tribune-Star [23], Palladium-Item, [24] and IndyStar.com [25] have all endorsed the bill.

  • Senate Bill 32: Notice of Meetings[26] having to do with notice of meetings is related to Senate Bill 232. The bill has been referred to the Committee on Commerce and Public Policy & Interstate Cooperation.[27] The bill requires government agencies to provide notice of meetings to anyone who requests such notice annually. [27] According to the proposed bill, notice may be given by mail five days in advance for any non-emergency meetings for a $10 fee annually. [27]
  • Senate Bill 1230: Publication of Notices[28] having to do with notice of meetings was passed by the Senate Committee on Local Government.[28] The bill includes proposals to require newspapers that publish notice of meetings to include the notice on their website and a proposal to eliminate the requirement for agencies to publish the ordinance setting the salaries of elected city officers.[28]
  • Senate Bill 1280: State Budget and Spending Information on Internet[29] was passed by the Committee on Ways and Means and the full House and has since been referred to the Senate Committee on Tax and Fiscal Policy. [29] If passed, the bill requires state agencies to report budget information to the state auditor's office so that it can begin to make available online all state expenditures and account balances no later than July 1, 2009. [29]

Iowa

Iowa Open Records Law
  • State Sen. Kim Reynolds, R-Osceola proposed a new online state and local budget database. The database would provide free access to the public of all state and local budgets. It would cost an estimated $40,00 to $50,000 to create.[30]
  • House File 74 [31] An Act relating to the establishment of a searchable budget database website for the public to access the details of the expenditure of state tax revenues and a searchable tax rate database for the public to access the details of each tax rate for all taxing districts in the state.
  • Senate Study Bill 1231 [32] "Members of the Senate State Government Committee voted 10-5 Wednesday to approve a measure containing provisions enhancing Iowa’s “sunshine” laws pertaining to public disclosure of out-of-court settlements and charitable donations to public foundations." [33]
  • Senate File 161 [34] would create an Iowa public information board which would hear citizen complaints regarding government compliance with the open records law, and be empowered to enforce compliance. [35]

Kansas

Kansas Open Records Act

In January 2009, the Kansas Senate gave first-round approval to SB 34 [36] [37] on a voice vote. SB 34 renews 30 exceptions to the Kansas Open Records Act. Don Moler, executive director of the League of Kansas Municipalities spoke in favor of the bill, saying, ""Every one of the exemptions that are in there are in there for a reason."[38]

Kentucky

Kentucky Open Records Act

Senator John Schickel has proposed Senate Bill 30 [39] which would exempt the recordings of calls to 911 from public access. The bill allows for transcripts of the calls to be made public, but not the actual audio. [40] Opponents of the bill are calling it "a waste of time, your tax dollars and is a dangerous move toward limiting free speech and open records/sunshine laws" [41] and "a poorly thought out solution to a mostly non-existent problem." [42]

SB 30 has been approved by the Senate Judiciary Committee and now heads to the floor for a vote. [43]

Senate Bill 188 [44] would create a General Assembly Accountability and Review Division to conduct investigations, audits and reviews and otherwise monitor the activities of public agencies. The agency would be exempt from KORA. [45] The Kentucky Press Association is opposing the exemptions provisions in the bill. [46]

Maine

Maine Freedom of Access Act

LD 1353 [47] "An Act Regarding Salary Information for Public Employees" sponsored by Senator Lisa Marraché seeks to forbid the release of salary information by name, and allow it only by position. [48]

Maryland

Maryland Public Information Act

Cheye Calvo, the mayor of Berwyn Heights, Maryland is lobbying for the Maryland legislature to pass a new bill that would require every SWAT team in the state to provide a monthly public report on its activities, including where and when it was deployed and whether an operation resulted in arrests, evidence seizures or injuries. In the summer of 2008, Calvo's home was the subject of a mistaken and violent drug raid during which his two black labs were shot and killed by members of a police SWAT team.[49],[50]

References

  1. Text of HB 496
  2. Text of HB 1088
  3. Text of HB 1146
  4. Text of HB 1148
  5. Text of HB 1530
  6. Text of HB 1596
  7. Text of SB 496
  8. Text of SB 677
  9. Text of SB 681
  10. Text of SB 906
  11. Text of SB 966
  12. Text of SB 1646
  13. Text of SB 1658
  14. Idaho Press, "Idaho open meeting and public records laws updated"
  15. Text of HB1345
  16. Text & Status of HB1370
  17. Attorney general aiming for 'culture of openness', Galesburg.com, March 5, 2009
  18. Text of Bill 232
  19. 19.00 19.01 19.02 19.03 19.04 19.05 19.06 19.07 19.08 19.09 19.10 http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2009&request=getBill&docno=232 Text of Bill 232']
  20. 20.0 20.1 Bill could mean fines for open records violators, Associated Press, January 21, 2009
  21. 21.0 21.1 Open records refused?, Courier & Press, January 21, 2009
  22. Fargo testifies at Indiana Senate to support open meeting bill, Indiana University School of Journalism, January 23, 2009
  23. TRIBUNE-STAR EDITORIAL: Put some teeth into Indiana access laws, Tribune-Star, January 24, 2009
  24. Let's put some needed teeth in state public records laws, Palladium-Item, February 12, 2009
  25. Obey open records law, or else, IndyStar.com, February 11, 2009
  26. Text of Bill 32
  27. 27.0 27.1 27.2 Text of Bill 32
  28. 28.0 28.1 28.2 Text of Bill 1230
  29. 29.0 29.1 29.2 Text of Bill 1280
  30. Sioux City Journal, "GOP offers open-government proposals"
  31. Text and Status of HF74
  32. Text of SB1231
  33. Legislature looking at strengthening public records law, The Gazette, February 26, 2009
  34. Text & Status of SF161
  35. Enforce Iowans' access to government, Des Moines Register, March 8, 2009
  36. Text of SB 34
  37. Supplemental Note to SB 34
  38. The Hays Daily News, "Kan. Senate advances bill on open records", January 27, 2009
  39. Text of SB 30
  40. Lawmaker pushes to keep 911 calls off the airwaves, Kentucky.com, January 25, 2009
  41. the 'Ville Voice "From Dept of Wasting Your Time & Money", January 26, 2009
  42. Keep public records open, Kentucky.com, February 18, 2009
  43. Ky. bill advances to keep 911 calls off airwaves, Lexington Herald-Leader, February 5, 2009
  44. Text of SB188
  45. Powerful watchdog agency proposed, Courier-Journal, February 21, 2009
  46. Press group opposes closing records of legislative probes, Courier-Journal, February 24, 2009
  47. Text & Status of LD 1353
  48. Kennebec Journal, "Bill hides names from list of state worker salaries", April 10, 2009
  49. Reason's Hit-and-Run, "Maryland Bill Would Bring Transparency to Use of SWAT Teams", February 6, 2009
  50. Washington Post, "Bill Calls for More Scrutiny Of SWAT Teams by Police", February 5, 2009


Election.png FInd your State
This Tab
MAMIMNMSMO
MTNENVNHNJ
All States
ALAKAZARCA
COCTDEFLGA
HIIDILINIA
KSKYLAMEMD
MAMIMNMSMO
MTNENVNHNJ
NMNYNCNDOH
OKORPARISC
SDTNTXUTVT
VAWAWVWIWY


Massachusetts

Michigan

Michigan Freedom of Information Act

House Bill 4043 [1] would create a searchable database of state expenditures. Referred to Committee on Oversight and Investigations on January 22, 2009 and reassigned to the Committee on Urban Policy on February 4, 2009.

House Bill 4121 [2] would require certain budget expenditures to be posted on the state website and provide a penalty for non-compliance. Referred to the Committee on Oversight and Investigations on January 27, 2009.

House Bill 4150 [3] would create a searchable database of state expenditures. Referred to the Committee on Oversight and Investigations on February 4, 2009.

Minnesota

Minnesota Data Practices Act

Senate Bill 94 [4] (and companion House Bill 100 [5]) would make "certain records pertaining to the I-35W bridge collapse compensation program" exempt from public disclosure. Sen. Limmer (R-Maple Grove) questioned the proposed bill, saying that "the public has a right to know ... how the compensation board makes its decisions. That record should be as open to the public as possible." [6]

Mississippi

Mississippi Public Records Act
  • House Bill 1048 [7] would restrict the fees charged for open records to actual costs. Unanimously passed the House February 10, 2009. [8]
  • Senate Bill 2921 [9] would reduce the response time required by law for open records requests to seven days (rather than the current 14 days) and restrict fees charged for open records to actual costs. The Senate recommitted this bill to committee 26-23, which effectively killed it. [8] [10]
  • Senate Bill 3109 [11] concerns the construction of artificial reefs in the Gulf and contains an exemption to FOIA. The House version of the bill does not contain the exemption. [8]

The Natchez Democrat [12], Clarion Ledger [13] and the Hattiesburg American [14] have editorialized in favor of both HB1048 and SB2921.

Missouri

Missouri Sunshine Law

House Bill 62 [15] "would let police departments close files in which an officer is found to have violated departmental policy but committed no criminal act, or when no violation is found. The proposal, by Rep. Scott Lipke, R-Jackson, specifies that a file showing that an officer committed a crime would remain open." [16] Debate on the bill centered around concerns that exempting accusations against police officers would simply protect those that abused their power. [17]

House Bill 316 [18] was sponsored by Tim Jones (R-Eureka) in early 2009. The bill seeks to narrow the definition of the times a public meeting may be moved into closed session, require five days notice of public meetings (rather than the current 24 hours required notice), provide public records in electronic format if they are stored that way, and to open up the proceedings of the Missouri Ethics Commission. [19] Citizens have been urging the legislature to pass this bill, while lobbying organizations representing local governmental officials object to it. Gary Markenson, a lobbyist for the Missouri Municipal League and Todd Smith, a lobbyist for the Missouri Association of Counties expressed concern that the bill "goes too far". [20] Governor Jay Nixon has stated that he "hope[s] it [the bill] crosses my desk so I'll be able to sign it". [21]

Montana

See also: Montana Public Records Act

Senate Bill 241 [22] the "Taxpayer Right to Know Act". This bill seeks to create a searchable online database of all state incomes and expenditures.

The Montana Policy Institute issued a statement on SB 241:[23]

"SB241 was introduced early and would have provided a comprehensive web-based transparency site for state revenues and spending. The Governor opposed it from the beginning. Everyone else liked it. That bill passed the Senate and went to the House Taxation Committee, where it languished and eventually died because no Democrats on the committee would vote for it (a 10-10 vote effectively kills the bill). So the Governor successfully killed this bill, but the battle wasn't over.
About the time SB241 was dying, MPI ran a media campaign that contacted tens of thousands of Montanans, put the transparency issue in newspapers and TV and radio stations around the state, and otherwise made a fuss. Right about the time that media campaign culminated, Rep Brady Wiseman, a Bozeman Democrat, introduced a Joint Resolution (HJ43) that would have supported a transparency portal and called for the Legislative Finance Committee to come up with ideas and report back to the 2011 legislature. It appeared to be a face saving way for the Democrats to oppose an actual measure while voting for the idea of transparency. I'm sure it felt great.
HJ43 sailed through the House with bipartisan support, passed the Senate Taxation Committee with a unanimous vote and then died ignominiously on the Senate floor with a 25-25 vote, with nearly all Republicans opposing it and nearly all Democrats supporting it. Yes, that's right. The Republicans are now on record as opposing transparency and the Democrats are on record as supporting it, even though it's the Democrats who opposed it from the beginning and the Republicans who originally pushed it as a session priority."


Both SB241 and HJ43 failed in Montana's 2009 legislature.[24][25]

New Jersey

New Jersey Open Public Records Act

Sen. Loretta Weinberg is proposing to revamp the state's 1975 Open Public Meetings Act, which regulates how governments hold public meetings. "The advancement of new technologies has raised questions not envisioned when the Legislature adopted the measure three decades ago," said Weinberg during a Sunshine Week NJ FOG sponsored event.[26] The bill she is sponsoring is Senate Bill 1548[27] (Identical to Assembly Bill 2841[28]).

Assemblyman Joseph Cryan is sponsoring legislation to limit copying fees for public documents. "This bill represents a fair and equitable solution that would ensure all citizens have access to public records regardless of their financial ability to access them," said Cryan during a Sunshine Week NJ FOG sponsored event. [29] The bill he is sponsoring is Assembly Bill 1095. [30]

References

Election.png FInd your State
This Tab
NMNYNCNDOH
OKORPARISC
All States
ALAKAZARCA
COCTDEFLGA
HIIDILINIA
KSKYLAMEMD
MAMIMNMSMO
MTNENVNHNJ
NMNYNCNDOH
OKORPARISC
SDTNTXUTVT
VAWAWVWIWY

New Mexico

New Mexico Inspection of Public Records Act


  • Senate Memorial 45 (2008),[1] sponsored by Senator Mark Boitano (R), requests that the Legislative Council Service "ensure[s] that the proceedings of the senate will be streamed on the internet beginning in 2009." The Senate appropriated $75,000 in 2005 for the purchase of equipment that would enable this, $30,000 of which has already been spent (cameras were purchased), but live video feed of the Senate still wasn't aired during 2009's regular session. However, Representative Janice Arnold-Jones (R) used her own resources to broadcast video of the House Taxation and Revenue Committee and the House Voters and Election Committee. Audio feed was available from the Senate.[2]
  • House Memorial 62,[3] sponsored by Representative Thomas A. Anderson (R), requests that the roll-call votes of the House of Representatives be made available on the House website immediately following the vote. This Memorial was postponed indefinitely in the House Judiciary Committee.[4]
  • House Bill 103,[5] sponsored by Representative Bill O'Neill (D), would exempt personal identifying information (such as social security numbers), building plans, and security system specifications from public inspection. Concerns over the bill have been expressed by those who perform background checks, saying that the bill "would be an insurmountable set-back" for screening job applicants. [6] The bill was postponed indefinitely by the House Business and Industry Committee.[7]
  • House Bill 200,[8] sponsored by Roberto J. Gonzalez (D), would exempt "proprietary technical or business information" obtained by the Spaceport Authority from public inspection. The bill was postponed indefinitely by the House Judiciary Committee.[9]
  • House Bill 237,[10] sponsored by Representative Andrew Barreras (D), sought to change how public school accountability reports are generated and issued. The bill was passed by the House (67-0) and, on March 15, 2009, was also passed by the Senate (31-1). It was subsequently vetoed by Governor Bill Richardson[11] on March 25, 2009.[12]
  • House Bill 393,[13] sponsored by Representative Joseph Cervantes (D), requires that all standing and conference committee meetings be open to the public, and that the public be given "reasonable notice" when any such meeting is scheduled. It allows members of the public to attend legislative meetings intended to channel proposed legislation to the chamber floors (standing committees), as well as meetings intended to relieve legislative discrepancies between the houses (conference committees). This bill was passed by the House (66-0) and by the Senate (33-8), and was signed into law by Governor Bill Richardson on April 6, 2009.[14][12]
  • House Bill 546,[15] introduced by Representative Al Park (D), calls for the creation a searchable online database of all state contracts "beginning on or after January 1, 2010 and having a value of more than twenty thousand dollars." This bill was passed by the House (65-0) and by the Senate (39-0), and was subsequently signed into law by Governor Bill Richardson on April 6, 2009.[16][12] It will be effective January 1, 2010.[15]
  • House Bill 598,[17] introduced by Representative Joseph Cervantes (D) on February 4, 2009, "allow[s] electronic requests pursuant to the Inspection of Public Records Act." The bill specifies that e-mail or facsimile requests will satisfy the "written request" required for the inspection of public records. It was passed by the House (64-0) and by the Senate (32-5), and was signed into law by Governor Bill Richardson on April 3, 2009.[18][12]
  • House Bill 866,[19] introduced by Representative Antonio "Moe" Maestas (D) on February 19, 2009, seeks to remove public access to the criminal records of convicted felons after a certain amount of time has passed from the completion of their sentence. The bill was postponed indefinitely by the House Judiciary Committee.[20] A similar bill was vetoed by the Governor due to "technical flaws" in 2007.[21]

North Carolina

North Carolina Public Records Law
  • In July 2009, the North Carolina House of Representatives Finance Committee approved a bill that would reduce a judge's discretion to deny attorney fees to people or media outlets when they win a lawsuit against a local or state government agency in North Carolina that has illegally refused to provide requested records. The proposed legislation would also create a unit in the state attorney's general office to deal with complaints about government agencies failing to provide documents.[22]

North Dakota

North Dakota Open Records Statute

House Bill 1220 [24] was endorsed by the House Judiciary Committee on January 20, 2009. The bill seeks to change North Dakota's open meetings law to permit local governing bodies to gather during times of emergency without prior issuance of notice. An amendment to the bill specifies that "public officials would be restricted to matters regarding the disaster, and could not conduct any official business without issuing a public notice". [25]

Senate Bill 2087, [26] introduced by the Education Committee (at the request of the State Board of Higher Education), seeks to exempt the names of applicants for university presidencies and the higher education system chancellor until a job search reaches the semifinalist phase. Sen. John Andrist (R-Crosby) amended the bill to make more names public sooner in the process, and to give applicants two weeks notice prior to the time when their names would become public, at which point applicants wishing to remain private could rescind their application. [27] SB2087 passed the Senate 30-15 and now moves to the House. The Bismarck Tribune is advocating for the House to quash the bill, saying it is "not good public policy. It is good-old-boy-network politics." [28]

SB2087 was defeated in the House 56-37. [29]

Ohio

We do not currently have any legislation from this Ohio in 2009. To add some, please see WikiProject Proposed state sunshine legislation.


Oklahoma

Oklahoma Open Records Act
  • House Representative John Carey (D-Durant) proposed House Bill 1049 [30] that "seeks to clarify that police should make incident reports available to the public, even if there are no arrests." Executive vice president of the Oklahoma Press Association Mark Thomas is in favor of the bill since "the way some local police jurisdictions have interpreted the law, no incident reports are required unless someone is taken into custody". He said in some circumstances, that essentially permits “secret police actions” with no public accounting, and making it clear that incident reports are required could solve the problem. [31] HB1049 has passed the House, and moves to the Senate for further debate. [32]
  • The Oklahoma House of Representatives Public Safety and Homeland Security Committee is considering a bill that would allow the chief medical examiner to withhold the public release of autopsy reports at the request of a district attorney or law enforcement agency if the records may impede an ongoing criminal investigation.[33]

Oregon

See also: Oregon Public Records Law
  • "House Bill 2118 requires health professional regulatory boards to keep confidential personal e-mail addresses of licensed professionals.
  • House Bill 2339 allows a district attorney, a deputy district attorney, the attorney general or an assistant attorney general to request nondisclosure of their home address, home or cellular telephone number or personal electronic mail address.
  • House Bill 2315 allows the Department of Public Safety Standards and Training to withhold investigative information until an investigation is completed and the department issues a report, unless public interest requires disclosure.
  • House Bill 2369 exempts from disclosure routine police traffic accident reports.
  • House Bill 2390 exempts geographic fisheries information submitted to a public body from disclosure.
  • House Bill 2495 exempts from disclosure employer account records of the State Accident Insurance Fund Corp.
  • House Bill 2727 unconditionally closes concealed handgun license records.
  • House Bill 2764 closes concealed handgun license records unless the public interest requires disclosure.
  • Senate Bill 13 (like HB2369) exempts from disclosure routine police traffic accident reports.
  • Senate Bill 158 allows the Department of Human Services to keep confidential investigatory records related to complaints against medical professionals after the investigation is completed and a report has been filed.
  • Senate Bill 179 exempts from disclosure estate records obtained by the Department of State Lands during the search for an heir.
  • Senate Bill 618 exempts military discharge records from public records disclosure." [34]

House Bill 2727 [35] would prohibit public bodies from releasing information that could be used to identify holders of or applicants for concealed handgun licenses. Bill sponsors describe the measure as an "effort to protect gun owners."[36] The bill has the support of "half of the members of the Legislature, both Democrats and Republicans, signing on as co-sponsors". [37] Newspaper The Oregonian has editorialized opposing the bill, saying that "a list of vague fears and discomfort about public access to these records" is not reason enough to prohibit public access. [38]

The Open Books Oregon Project, also known as House Bill 2500, is bi-partisan legislation introduced on January 29, 2009 in the Oregon state legislature that will:

  • Create a comprehensive, free, searchable website for the state budget.
  • Salary categories for state workers, contracted programs and performance outcomes.

Sponsors include:

  • State Representative Arnie Roblan (D-Coos Bay).
  • State Representative Jefferson Smith (D-Portland).
  • State Representative Kim Thatcher (RKeizer,Newberg, St. Paul).

External links:

Pennsylvania

Pennsylvania Right to Know Law

South Carolina

See also: South Carolina Freedom of Information Act

House Bill 3537 [39] seeks to require South Carolina school districts to pay for random performance audits meant to ensure that district spending is consistent with stated district goals. This bill was inspired by a controversy in Spartenburg District 7 where the board secretly decided to pay a country club $325,000 so that district golf teams could play there. [40]

References

  1. Text of SM 45
  2. Roundhouse resists entering 21st century, New Mexico Independent, January 22, 2009
  3. Text of HM 62
  4. Status of HM 62
  5. Text of HB 103
  6. New Mexico House Bill 103 Threatens Employment Background Checks, Employee Screen IQ, February 9, 2009
  7. Status of HB 103
  8. Text of HB 200
  9. Status of HB 200
  10. Text of HB 237
  11. Status of HB 237
  12. 12.0 12.1 12.2 12.3 Governor Bill Richardson's final bill action, Las Cruces Sun-News, April 10, 2009
  13. Text of HB 393
  14. Status of HB 393
  15. 15.0 15.1 Text of HB 546
  16. Status of HB 546
  17. Text of HB 598
  18. Status of HB 598
  19. Text of HB 866
  20. Status of HB 866
  21. Bill limits access to criminal records, KRQE, February 25, 2009
  22. Salisbury Post, "Panel approves penalty for open records violation", July 8, 2009
  23. Blue Ridge Now, "Open records a free, easy fix", February 10, 2009
  24. Text of HB1220
  25. Open meeting law change endorsed, Bismarck Tribune, January 21, 2009
  26. Text and Status of SB 2087
  27. ND legislators vote for more openness in college president searches, The Forum, January 27, 2009
  28. Bill is about ‘good old boy’ politics, Bismarck Tribune, February 9, 2009
  29. ND House defeats bill to weaken open records law, Associated Press, April 9, 2009
  30. HB1049 history, use the "Basic Search Form" to find HB1049 and click on "Introduced" for the bill's text
  31. Oklahoma Press Association official wary of attempts to tweak state's Open Records Act, Enid News, January 25, 2009
  32. Enid News, New bill would ensure the public's right to know, February 27, 2009
  33. KSWO-TV, "Committee postpones open records bill", Feb 4, 2009
  34. Legislature should resist chipping away at access, Oregon Live, March 7, 2009
  35. Text and Status of HB2727
  36. Bill would shield concealed weapons permits, Mail Tribune, February 18, 2009
  37. Ore. lawmakers move to close gun permit records, Associated Press, February 21, 2009
  38. For state legislators, it's all about concealment, The Oregonian, March 12, 2009
  39. Text and Status of HB3537
  40. Audits and information, Go Upstate, February 16, 2009

Election.png FInd your State
This Tab
SDTNTXUTVT
VAWAWVWIWY
All States
ALAKAZARCA
COCTDEFLGA
HIIDILINIA
KSKYLAMEMD
MAMIMNMSMO
MTNENVNHNJ
NMNYNCNDOH
OKORPARISC
SDTNTXUTVT
VAWAWVWIWY

South Dakota

South Dakota Sunshine Law

House Bill 1135: Authorizing Posting on the Internet

House Bill 1135 [1] was introduced on January 29, 2009, and it seeks to authorize the state and any municipality, county or school district to maintain an official website. [1]

Senate Bill 143: Creating a Website for Access to Public Records and Financial Information

Senate Bill 143, [2] proposed by Sen. Jason Gant (R-Sioux Falls) and signed into law by Governor Mike Rounds on March 30, 2009 requires the continued operation of Open South Dakota.[3] SB 143 requires the state to maintain a searcheable website that provides public access to the financial information of the state, municipalities, counties, school districts and other political subdivisions. [2]

Senate Bill 144: Requiring State Contracts to be Posted Online

Senate Bill 144, [4] proposed by Sen. Gant was signed into law by Governor Rounds on March 30, 2009. The bill requires all state contracts involving the expenditure of money to be posted online on the Open South Dakota website.[4]

Senate Bill 147: Public Access to Records

In 2008, the Better Government Association ranked South Dakota as 50th in the nation for transparency.[5] However, things began to around for South Dakota when Governor Rounds signed Senate Bill 147[6] on March 30, 2009. [7] Prior to the passage of SB 147, the prevailing presumption in South Dakota was that all public records were confidential with the burden of proof resting on a requestor to prove that he or should have access to a certain record.[5] Once the bill goes into effect on June 1, 2009, South Dakota will join the majority of states where the presumption is that all records are public unless specifically exempted as confidential.[5]

The bill lists approximately 25 specific types of records as exempt from ready disclosure. These include such things as medical and personnel records, litigation documents, the phone records and memoranda of legislators, and some financial information from private entities seeking to do business with the state.[8]

Reaction to SB 147

SB 147 has garnered praise from the South Dakota Newspaper Association and the Argus Leader Executive Editor Maricarrol Kueter. [9] Kueter said: "The bill is a giant step forward in openness and would bring our state in line with most other states in transparency. Knudson has done an excellent job." [9] The editorial board of the Daily Republic have endorsed SB 147, asking "Who could vote “No” on Senate Bill 147?" [10] Meanwhile, Yvonne Taylor, an official with the South Dakota Municipal League, suggests that the bill goes too far, and that her group will support it only with exceptions built in. [11]

Tennessee

Tennessee Open Records Act

House Bill 53: Exempting Handgun Permit Applications, Class E Felony

House Bill 53 [12], introduced by Rep. Eddie Bass (D-Prospect), tried to make information related to handgun permits and applications exempt from public records and make the publication of such information a felony. [12] This bill was withdrawn on February 12, 2009.[12]

House Bill 221: Exempting Handgun Permit Applications, Class A Fine Only Misdemeanor

House Bill 221 [13] is Rep. Bass' second attempt at exempting concealed-carry permit holders from the Tennessee Open Records Act. House Bill 221 only differs from the previously withdrawn House Bill 53 in that unauthorized publication of permit information would result in a fine-only misdemeanor and carry a maximun fine of $2,500, rather than being classed as a felony. [14]

House Bill 405: Exempting the General Assembly's Emails

House Bill 405 [15] was introduced by Rep. Henry Fincher (D-Cookeville)and seeks to exempt legislator's emails from public scrutiny.[15] The bill was introduced in response to an open records request received from the Tennessee Center for Policy Research.[16] Its companion bill in the Senate is Senate Bill 713 [17]

Senate Bill 713: Exempting the General Assembly's Emails

Senate Bill 713[17] was introduced by Sen. Reginald Tate (D-Memphis) in response to an open records request received from the Tennessee Center for Policy Research.[16] It seeks to exempt legislator's emails from public scrutiny. [17] Its companion bill in the House is HB 405. [15]

Texas

Texas Public Information Act

Senate Bill 280 [18], proposed by Sen. Jane Nelson (R-Flower Mound), seeks to exempt birth dates of public employees from public disclosure. The bill has been referred to State Affairs. The stated reason for seeking the exemption is to prevent identity theft, but journalist Jennifer LaFleur points out birth dates "play a big role in journalists' ability to inform you about government agency hiring practices." [19]

State Sen. Kevin Eltife (R-Tyler) has proposed Senate Bill 503 [20] to close up a loophole in the current law which allows school districts to deny PIA requests for the names of individuals applying for the position of school superintendent. The current language states school districts are only required to reveal the “name or names of the finalists being considered for the position”. Use of the “name or names" clause can result in only the individual being named to the position's name being released, rather than the full list of applicants. [21]

Representative Ismael "Kino " Flores (D-Palmview) has asked the Texas Legislative Council to draft legislation that would add elements to the Texas Public Information Act. His aim is to require Texas Regional Mobility Authorities to make their meeting agendas and back-up documents available online. [22] A Regional Mobility Authority is a public entity created to serve counties on transportation issues. "The work of the RMA leadership is of such vital public interest that, under my measure, all Texans would have the ability to begin viewing on the Internet, three days before a RMA meeting, the full agenda packet from which the RMA board members make their critical decisions," Flores stated in a press release. [23]

Utah

Utah Government Records Access and Management Act

House Bill 122 [24] [25], proposed by Rep. Douglas Aagard at the request of the Attorney General's Office, seeks to prohibit the weighing of public interest in documents against the government's desire to conceal information. It would also allow records to be withheld if they are associated with pending or "anticipated" litigation. Steve Bloch, an attorney for the Southern Utah Wilderness Alliance, says that "This bill is a step backward and would restrict our current law significantly". [26] HB122 has advanced from committee to the House floor 7-3 along party lines, with Republicans voting for it, and Democrats against. [27] HB122 also passed the House, 43-27. It now moves to the Senate for debate.[28]

The Salt Lake Tribune has editorialized against the bill, calling it "an attempt to subvert that system and the public's interest in holding government accountable." [29]

Senate Bill 18 [30] would require all cities, counties, school districts, and special districts (transit districts, water districts, etc.) in Utah to regularly post their expenditures online in a searchable format.

SB18 was voted out of the Utah Senate by a 29-0 margin on February 2, 2009.

Virginia

Virginia Freedom of Information Act

House

House Bill 1799 [31] would create a "Fraud & Abuse Whistle Blower Protection Act" and make any complaints made under that act exempt from FOIA requests. Passed the House on January 30, 2009, referred to Senate General Laws. [32]

House Bill 1845 [33] proposes a pilot program in Prince William County where the clerk of the Circuit Court is permitted to assess a fee for accessing public land records. Passed the House on February 6, 2009. [32]

House Bill 1879 [34] seeks to change the methods of notice regarding public meetings in localities with a population over 100,000. The bill would allow for public notice to be made via websites or public access television rather than in the newspaper. HB 1879 failed to report from subcommittee. [32]

House Bill 1935 [35] would exempt from public disclosure company licensing applications and supporting documentation received by the State Corporation Commission. This bill has passed the House, and was referred to Senate Commerce & Labor. [32]

House Bill 2026 [36] would establish the "Virginia Employee Voluntary Accounts Program" and provide an exemption to FOIA for discussions of personal information made by the program's Board. [32]

House Bill 2043 [37] provides that expense records of the Virginia Port Authority are subject to FOIA, with some exceptions. HB2043 failed to report from subcommittee. [32]

House Bill 2144 [38] restricts information held by the Department of State Police for purposes of entry into the Virginia Criminal Information Network to law enforcement personnel. [32] Would exempt the state datebase of concealed weapon carry licenses from public disclosure. This bill has passed both House and Senate, and now waits for the Governor's signature. [39]

House Bill 2181 [40] seeks to exempt from public disclosure the internal systems used by the Commonwealth's financial systems. Passed House on January 30, 2009 and referred to Senate General Laws. [32]

House Bill 2266 [41] would expand an existing FOIA exemption for zoning complainants personal information to include complaints relating to the Uniform Statewide Building Code or the Statewide Fire Prevention Code. HB 2266 passed the House on January 30, 2009 and was referred to Senate General Laws. [32]

House Bill 2269 [42] would require that all expenditure reports that school boards give to their governing bodies also available to the public. Passed the House, referred to Senate Education & Health. [32]

House Bill 2285 [43] creates a pilot program (Virginia Enterprise Applications Program or VEAP) that would build a searchable online database of state incomes and expenditures. Engrossed by House February 9, 2009.

House Bill 2421 [44] seeks to exempt the personal correspondence of public employees from FOIA. Bill was referred to FOIA Council February 3, 2009. [32]

House Bill 2427 [45] would exempt the first five digits of a social security number on an otherwise public document from disclosure, and it passed the House on February 6, 2009. [32]

House Bill 2471 [46] provides that the disclosure of the names of individual teachers is not required under FOIA in response to a request for the official salary or rate of pay of employees of a local school board. It was recommended to send the bill to the FOIA Council. [32]

House Bill 2549 [47] excludes certain financial records of the Virginia College Savings Plan from the Freedom of Information Act. Passed the House on February 6, 2009. [32]

House Bill 2639 [48] exempts certain records of the Department of Veterans Services and the Veterans Services Foundation from the the mandatory disclosure provisions of the Freedom of Information Act. Passed the House on February 6, 2009. [32]

Senate

Senate Bill 880 [49] Affirmatively states that Department of Game and Inland Fisheries records are subject to FOIA except for personal info on hunting, boating, fishing, etc. licenses. [32]

Senate Bill 934 [50] Provides that no legislative action on the budget can be taken until details have been posted on the General Assembly's website for at least 72 hours. The bill was left in Finance. [32]

Senate Bill 935 (House Bill 1845) [51] proposes a pilot program in Prince William County where the clerk of the Circuit Court is permitted to assess a fee for accessing public land records. Passed Senate February 6, 2009. [32]

Senate Bill 936 (House Bill 2285) [52] creates a pilot program (Virginia Enterprise Applications Program or VEAP) that would build a searchable online database of state incomes and expenditures. Reported from Finance, February 5, 2009. [32]

Senate Bill 1014 (House Bill 2266) [53] would expand an existing FOIA exemption for zoning complainants personal information to include complaints relating to the Uniform Statewide Building Code or the Statewide Fire Prevention Code. Rolled into SB1478 (see below), February 4, 2009. [32]

Senate Bill 1285 [54] would require local governing bodies and local school divisions to publish the estimated required local match in the publication of the annual school budget. Reported from Local Government, February 3, 2009. [32]

Senate Bill 1305 [55] would exempt from the Government Data Collection and Dissemination Practices Act public assistance fraud investigations conducted by the Department of Social Services and local social service departments. Reported from General Laws, February 4, 2009. [32]

Senate Bill 1316 [56] Strikes the requirement to publish an index of computer databases and amends the requirement to publish a statement of rights and responsibilities to ensure that the public can find out generally what types of public records a public body has and what exemptions may apply to those records. This bill is a recommendation of the Freedom of Information Advisory Council. Reported from General Laws, February 4, 2009. [32]

Senate Bill 1317 [57] requires that any electronic communication meetings (teleconference) shall be held in compliance with the provisions the Freedom of Information Act, except that a quorum of the Board is not required to be physically assembled at one primary or central meeting location. This bill is a recommendation of the Freedom of Information Advisory Council. Reported from General Laws, February 4, 2009. [32]

Senate Bill 1319' [58] clarifies that minutes of public meetings must be in writing. This bill is a recommendation of the Freedom of Information Advisory Council. Reported from General Laws, February 4, 2009. [32]

Senate Bill 1332 [59] Provides that a private entity that operates, manages, or supervises any portion of the state highway system shall be considered a public body for purposes of the Virginia Freedom of Information Act.

Senate Bill 1344 [60] Amends an existing records exemption for economic development records to include records related to the retention of existing business, and to allow the exemption to be used by all public bodies subject to FOIA. The bill makes corresponding amendments to the existing meetings exemption that allows discussion of such records in closed meetings. Reported from General Laws, February 4, 2009. [32]

Senate Bill 1478 [61] Provides a record exemption under the Freedom of Information Act for the names, addresses, and telephone numbers of complainants relating to Uniform Statewide Building Code or Statewide Fire Prevention Code enforcement made to the local governing body. Reported from General Laws, February 4, 2009. [32]

Washington

Washington Public Records Act

A raft of new legislation to change the state's law has been introduced in the 2009 legislative session.[62]

Senate:

  • SB 5119 - Eliminate the Washington Sunshine Committee. [63]
  • SB 5130 - Prisoner access to public records.[64] Sen. Mike Carrell (R-Lakewood) is the sponsor and says he has concerns that the current law (which allows prisoners to file FOIA requests) may be too liberal. [65]
  • SB 5249 - Changing public records request provisions.[66]
  • SB 5250 - Increases the maximum per page copying charge under the public records act.[67]
  • SB 5251 - Defines per page cost for the purpose of copying costs under the public records act.[68]

The Seattle Times editorialized against the three bills proposed by Sen. Darlene Fairley (D-Shoreline): SB5249, SB5250 and SB5251, calling their common theme of increasing the costs of obtaining open records "a move sure to discourage people with the right to keep tabs on their government". [69]

House:

  • HB 1017 - Creating a committee to study the feasibility of creating a board with public records act and open public meetings act responsibilities. [70]
  • HB 1105 - Regarding public disclosure of records relevant to a controversy to which an agency is a party. [71]
  • HB 1106 - Removing the ability of agencies to enjoin the examination of a specific public record. [72]
  • HB 1107 - Regarding local government self-insurance programs and public records. [73]
  • HB 1181 - Regarding prisoner access to public records.[74]
  • HB 1288 - Exempts the annual parental declaration of intent to home school from the public disclosure act.[75]
  • HB 1316 - Provides a court procedure to enjoin the production of public records the court deems were made for the purpose of harassment.[76]
  • HB 1317 - Governs the disclosure of public records containing information used to locate or identify employees of criminal justice agencies.[77]
  • HB 1471 - Removing the public records exemption for certain records addressing public sector collective bargaining. [78] [79]

West Virginia

West Virginia Freedom of Information Act
  • Senate Bill 252 [80] seeks to exempt certain disclosures under Freedom of Information Act. Same as HB2418.
  • House Bill 2418 [81] - "Relating to exempting certain records of the Division of Corrections and Regional Jail Authority from the Freedom of Information Act that, if released, could aid inmates in committing unlawful acts". Same as SB252

References

  1. 1.0 1.1 Text of HB 1135
  2. 2.0 2.1 Text of SB 143
  3. South Dakota Legislature, 2009 Session - Bill History
  4. 4.0 4.1 Text of SB 144
  5. 5.0 5.1 5.2 The Volante, South Dakota Amends State Records Statute, April 1, 2009
  6. Text of SB 147
  7. South Dakota Legislature, 2009 Session - Bill History
  8. Measure calls for open records, Argus Leader, January 30, 2009
  9. 9.0 9.1 Measure calls for open records, Argus Leader, January 30, 2009
  10. No good reason to oppose government transparency, Daily Republic, February 7, 2009
  11. Open records debate on tap, Associated Press, February 16, 2009
  12. 12.0 12.1 12.2 Text & Status of HB53
  13. Text & Status of HB221
  14. Lawmakers get new shot to close gun permit records, Associated Press, February 24, 2009
  15. 15.0 15.1 15.2 Text & Status of HB 405
  16. 16.0 16.1 Johnson: General Assembly seeks to close inboxes to public, Knox News, February 27, 2009
  17. 17.0 17.1 17.2 Text & Status of SB 713
  18. Text and Status of SB280
  19. Plan to hide public employees' birth dates may also hide criminal records, Dallas Morning News, February 11, 2009
  20. Summary of SB503
  21. Bill Would Close Much Abused Loophole When It Comes To Releasing The Names Of Finalists For Superintendent Positions, Capitol Annex, January 22, 2009
  22. Legislation to extend state open records law could be a tough sell, ABC-7, February 10, 2009
  23. Regional mobility authorities post on internet their full agenda packets under planned Flores bill, Press release, February 5, 2009
  24. Text of HB 122
  25. Status of HB 122
  26. Bill would cut off access to some records, Salt Lake Tribune, February 3, 2009
  27. Panel OKs bill weakening public access to government records, Salt Lake Tribune, February 10, 2009
  28. Less-public records? House endorses GRAMA revision, Salt Lake Tribune, February 18, 2009
  29. Public records, Salt Lake Tribune, February 12, 2009
  30. Text of SB18
  31. Text and status of HB1799
  32. 32.00 32.01 32.02 32.03 32.04 32.05 32.06 32.07 32.08 32.09 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 Virginia Coalition for Open Government 2009 legislative roundup
  33. Text and status of HB1845
  34. Text and status of HB1879
  35. Text and status of HB1935
  36. Text and status of HB2026
  37. Text and status of HB2043
  38. Text and status of HB2144
  39. Gun legislation awaiting Kaine's signature, NV Daily, February 27, 2009
  40. Text and status of HB2181
  41. Text and status of HB2266
  42. Text and status of HB2269
  43. Text and status of HB2285
  44. Text and status of HB2421
  45. Text and status of HB2427
  46. Text and status of HB2471
  47. Text and status of HB2549
  48. Text and status of HB2639
  49. Text and status of SB880
  50. Text and status of SB934
  51. Text and status of SB935
  52. Text and status of SB936
  53. Text and status of SB1014
  54. Text and status of SB1285
  55. Text and status of SB1305
  56. Text and status of SB1316
  57. Text and status of SB1317
  58. Text and status of SB1319
  59. Text and status of SB1332
  60. Text and status of SB1344
  61. Text and status of SB1478
  62. Sunshine returns to D.C., clouds gather in Olympia, News Tribune, January 25, 2009
  63. Eliminating the public exemptions accountability committee
  64. Prisoner access to public records
  65. Bill seeks to halt records 'fishing', Seattle Post Intelligence, February 11, 2009
  66. Public records request provisions
  67. Increases maximum per page copying charge
  68. Defines per page cost for the purpose of copying costs under the public records act
  69. Use technology to provide public records cheaply, Seattle Times, February 9, 2009
  70. Creating a committee to study the feasibility of creating a board with public records act and open public meetings act responsibilities
  71. Regarding public disclosure of records relevant to a controversy to which an agency is a party.
  72. Removing the ability of agencies to enjoin the examination of a specific public record.
  73. Regarding local government self-insurance programs and public records.
  74. Regarding prisoner access to public records.
  75. Text of HB 1288
  76. Text of HB 1316
  77. Text of HB 1317
  78. HB 1471 History
  79. Text of HB 1471
  80. Text & Status of SB252
  81. Text & Status of HB2418